Christian bakers lose gay marriage cake appeal

“The fact that a baker provides a cake for a particular team or portrays witches on a Halloween cake does not indicate any support for either” – Northern Ireland’s Lord Chief Justice, Sir Declan Morgan.

The court of appeal in Belfast has upheld a previous judgment against Ashers Bakery which found the Christian firm guilty of discrimination over its refusal to make a cake with a pro gay marriage message.

On Monday, the three appeal judges said the bakery had discriminated against Gareth Lee, a member of the LGBT group Queer Space, when it declined to fulfil his order for a cake bearing the slogan ‘Support Gay Marriage’.

Mr Lee had ordered the cake, which featured the puppets Bert and Ernie from Sesame Street, for an event marking International Day Against Homophobia.

He placed the order at an Ashers branch in Belfast city centre in May 2014.

However, two days after the order had been accepted, Ashers called him back to say it could not proceed with the cake due to the proposed slogan, which conflicted with their Christian belief that marriage is between a man and a woman.

In the original court case, District Judge Isobel Brownlie ruled that religious beliefs could not dictate the law and ordered Ashers to pay damages of £500.

The evangelical Christian company appealed that ruling, arguing that it did not decline the order over Mr Lee’s sexuality, but rather over the slogan and message he was seeking to put on the cake, which went against their religious beliefs.

He rejected the argument that the bakery would be endorsing the slogan by baking the cake.

“The fact that a baker provides a cake for a particular team or portrays witches on a Halloween cake does not indicate any support for either,” he said.

The judge said the original ruling had been correct in finding that Ashers had “discriminated against the respondent directly on the grounds of sexual orientation contrary to the Equality Act (Sexual Orientation) Regulations 2006.”

Afterwards, Ashers general manager Daniel McArthur expressed his “extreme disappointment” with the outcome.

“If equality law means people can be punished for politely refusing to support other people’s causes, then equality law needs to change,” he said.